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On December 17, 2014, a three judge panel of the Federal Circuit issued a ruling that may significantly narrow the scope of patent eligible subject matter with respect to method claims in the biotechnology field. The...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Eli Lilly and Company v. Sandoz Inc. 1:14-cv-02008; filed December 5, 2014 in the Southern District of...more
The press has been all too eager to decry the so-called "broken" U.S. patent system and the alleged "scourge" of non-practicing entities (NPEs). However, few if any articles attempt to provide an even-handed analysis of...more
Direxion Shares, ETF Trust v. Leveraged Innovations L.L.C.
Case Number: 1:14-cv-01777-KBF -
On March 14, 2014, Direxion Shares, ETF Trust (“Direxion”) filed a declaratory judgment action against Leveraged...more
In a case styled as In re BRCA1- and BRCA2-Based Hereditary Cancer Test Patent Litigation (also known as Myriad v. Ambry), the Federal Circuit held four of Myriad’s “primer” claims and two of Myriad’s detection method claims...more
Decision Date: August 28, 2014 -
Court: N.D. Illinois -
Patent: D442,661 -
Holding: Defendant’s motion for judgment on the pleadings of non-infringement -
Since the 1984 enactment of the Drug Price Competition and Patent Term Restoration Act, Hatch-Waxman litigation has dominated the sphere of life-sciences patent litigation. The battle between proprietary and generic...more
What happens when an employee:
- leaves your company;
- convinces your manufacturer to stop supplying your (patented) product to you and supply it to him instead; and
- then starts selling this product to one of...more
In a decision that will surprise no one (written by Judge Dyk, which made the conclusions foregone from the first page of the opinion), the Federal Circuit today affirmed the Utah District Court's decision denying Myriad...more
Endo Pharmaceuticals, Inc. v. Roxane Laboratories, Inc.
Case Number: 1:13-cv-03288-TPG -
Defendant Roxane Laboratories, Inc. (“Roxane”) was sued by Endo Pharmaceuticals, Inc. (“Endo”) when Endo learned that...more
On average, the U.S. Supreme Court historically hears fewer than one patent case each term. For example, in the 14 years between 1982 and 1995, the Court decided only five patent cases. In the seven years between 1995 and...more
Regeneron Pharm., Inc. v. Merus B.V.
Case Number: 1:14-cv-01650-KBF -
On March 14, 2014 Regeneron Pharmaceuticals, Inc. (“Regeneron”) commenced this action against Merus B.V. (“Merus”) and Ablexis LLC...more
Decision Date: November 18, 2014 -
Court: District of Massachusetts -
Patent: D677,423 -
Holding: Plaintiff’s proposed claim construction ADOPTED -
Plaintiff Maureen Reddy sued...more
Stryker Corp. and Stryker Sales Corp. sued Zimmer, Inc. and Zimmer Surgical, Inc. in the Western District of Michigan on November 21, 2014. In its complaint, Stryker alleges that Zimmer’s “TotalShield Surgical Helmet System“...more
TNS Media Research, LLC, et al. v. Tivo Research and Analytics, Inc.
Case Number: 1:11-cv-04039-SAS -
Plaintiff Kantar Media (“Kantar”) brought a suit against defendant Tivo Research and Analytics, Inc. (“TRA”)...more
A Full Court of Australia’s Federal Court has handed down its appeal decision in Research Affiliates LLC v Commissioner of Patents.
While there was anticipation that the decision would provide general guidance on the...more
On November 14, 2014, after twice before reversing the lower court’s dismissal of Ultramercial’s complaint for failing to claim statutory subject matter, the Federal Circuit agreed with the lower court that Ultramercial’s...more
Less than a month after their case was argued at the Federal Circuit, Illumina Inc. and Sequenom Inc. have announced a deal to settle their patent infringement litigation. While I haven’t seen an order dismissing the case,...more
On December 5, 2014, the Federal Circuit issued its opinion in Sandoz Inc. v. Amgen Inc. et al. In a unanimous panel opinion (Judges Dyk, Taranto and Chen), the Court held that clinical trials initiated to support a possible...more
Earlier this month, Judge Paul Crotty, U.S. District Court Judge for the Southern District of New York handed down rulings in two separate cases related to the biosimilars law (the Biologics Price Competition and Innovation...more
On December 10, 2014, the Southern District of New York denied plaintiff’s motion to reconsider a 2006 claim construction ruling and vacate a related summary judgment order. Plaintiff requested the relief following a contrary...more
In one of the first tests of the Supreme Court’s 2013 ruling in Federal Trade Commission v. Actavis, Inc. addressing the antitrust treatment of pharmaceutical patent settlements, a recent jury on Dec. 5, 2014, returned a...more
Cambridge Assocs., LLC v. Capital Dynamics; PNC Bank et al. v. Secure Axcess -
Addressing the issue of patent-eligible subject matter for covered business method (CBM) patents, the U.S. Patent and Trademark Office...more
Travelocity.com L.P. v. Cronos Technologies LLC -
Addressing the showing required to institute covered business method (CBM) proceedings based on obviousness, the U.S. Patent and Trademark Office Patent Trial and...more
After six weeks of trial and two days of deliberation, the jury has returned its verdict in favor of the defendants in In re: Nexium. This trial began as a challenge to the allegedly anticompetitive effects of the settlements...more
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